New Rule Affecting Form I-9 Completion for Certain Employees Featured

  09 February 2017

On January 17, 2017, a new rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” amending DHS regulations went into effect. The regulatory amendments provide for the automatic extension of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days if the employee:

 

  • Timely filed to renew Form I-776, Employment Authorization Document (EAD);
  • Is applying to renew such EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and
  • Is in a category that is eligible for the extension.

 

For more information, please see the Auto-Extended EAD Fact Sheet (PDF, 499 KB) Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Rule.

 

Beginning January 22, 2017, employers must use the 11/14/2016 N version of Form I-9 Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use. Employers who fail to use Form I-9 (11/14/2016 N) on or after January 22, 2017 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE). Employers should continue to follow existing storage and retention, rules for each previously completed Form I-9. For more information visit I-9 Central. Read the USCIS News Alert: Employers Must Use Form I-9 Dated 11/14/2016.

 

Headlines